[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2437 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2437

To provide for grants to State child welfare systems to improve quality 
  standards and outcomes, to increase the match for private agencies 
    receiving training funds under part E of title IV of the Social 
Security Act, and to authorize the forgiveness of loans made to certain 
               students who become child welfare workers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2003

  Mr. Stark (for himself, Mr. Rangel, Mr. Cardin, Mr. McDermott, Mr. 
   George Miller of California, Mr. Cooper, Mr. Frost, Ms. Lee, Mr. 
Lantos, Ms. Millender-McDonald, Mr. Serrano, and Mr. Wexler) introduced 
  the following bill; which was referred to the Committee on Ways and 
Means, and in addition to the Committee on Education and the Workforce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for grants to State child welfare systems to improve quality 
  standards and outcomes, to increase the match for private agencies 
    receiving training funds under part E of title IV of the Social 
Security Act, and to authorize the forgiveness of loans made to certain 
               students who become child welfare workers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Protection Services Workforce 
Improvement Act''.

SEC. 2. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

    Part B of title IV of the Social Security Act (42 U.S.C. 620-629i) 
is amended by adding at the end the following:

           ``Subpart 3--Supporting Quality Front Line Workers

``SEC. 440. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

    ``(a) In General.--The Secretary, acting through the Administration 
of Children and Families, shall make grants to States to improve the 
quality of child welfare services by increasing the quality and 
capacity of their child welfare workforce or by increasing the 
coordination of their child welfare services.
    ``(b) Applications.--
            ``(1) Contents.--A State desiring to receive a grant under 
        this section shall submit to the Secretary an application that 
        includes the following:
                    ``(A) Plan.--A detailed description of how the 
                State would use the grant, during the 5-year period 
                beginning with the date the grant is received, to 
                improve working conditions of child welfare workers in 
                any agency providing a service under the State plan 
                approved under subpart 1 or 2 of part B or part E in 1 
                or more ways described in paragraph (2), and an 
                explanation of how doing so would help the State 
                achieve the outcomes set forth in the Final List of 
                Child Welfare Outcomes and Measures (64 Fed. Reg. 
                45552-45554).
                    ``(B) Baseline data on state-selected indicators.--
                The information described in those subparagraphs of 
                paragraph (3) which describe the indicators that the 
                State intends to improve on using the grant, with 
                respect to all child welfare agencies in the State for 
                the fiscal year preceding the first fiscal year for 
                which the grant is requested.
                    ``(C) Budget.--A budget showing how the State would 
                expend funds (including any grant funds provided under 
                this section) for child welfare services or the 
                improvement of the services.
            ``(2) Ways to improve working conditions.--The ways 
        described in this paragraph to improve working conditions of 
        child welfare workers are the following:
                    ``(A) Increase the wages of supervisory and 
                nonsupervisory child welfare workers.
                    ``(B) Increase the number of State supervisory and 
                nonsupervisory staff working on strengthening and 
                preserving families and improving child well-being, 
                permanency, and safety.
                    ``(C) Reduce the turnover rate for supervisory and 
                nonsupervisory child welfare workers in the State, and 
                the number of supervisory and nonsupervisory staff 
                vacancies in child welfare agencies.
                    ``(D) Improve the formal education and training of 
                supervisory and nonsupervisory child welfare workers.
                    ``(E) Increase the number of supervisory and 
                nonsupervisory child welfare workers who have graduated 
                from an institution of higher education in such fields 
                of study as the Secretary determines are related to the 
                delivery of child welfare services.
                    ``(F) Coordinate training, recruitment, and 
                retention strategies for child welfare workers.
                    ``(G) Provide educational scholarships for fields 
                of study relevant to the purposes of parts B and E in 
                return for substantial service.
                    ``(H) Implement strategies to increase the safety 
                of child welfare workers.
                    ``(I) Enable the State child welfare agencies to 
                coordinate the provision of services with State and 
                local health care agencies, State and local alcohol and 
                drug abuse prevention and treatment agencies, State and 
                local mental health agencies, State and local housing 
                agencies, State and local agencies administering the 
                Temporary Assistance for Needy Families program, and 
                other welfare agencies to promote child safety, 
                permanence, and family stability.
                    ``(J) Provide training to improve the ability of 
                child welfare workers to include and involve families 
                in planning decisions for children served by State 
                child welfare agencies.
            ``(3) Description of baseline data.--The data described in 
        this paragraph are the following:
                    ``(A) The average salary of supervisory child 
                welfare workers, and of nonsupervisory child welfare 
                workers.
                    ``(B) The average number of children or families, 
                per caseworker--
                            ``(i) for caseworkers who provide services 
                        for abused or neglected children and their 
                        families;
                            ``(ii) for caseworkers who provide services 
                        to strengthen and preserve families with 
                        children;
                            ``(iii) for caseworkers who provide 
                        adoption services; and
                            ``(iv) for caseworkers who provide family 
                        foster care services.
                    ``(C) The total number of vacancies in supervisory 
                staff positions and in nonsupervisory staff positions, 
                and each such number expressed as a percentage of each 
                type of staff position.
                    ``(D) The average rate at which supervisory child 
                welfare workers left employment, and at which 
                nonsupervisory child welfare workers left employment.
                    ``(E) The average duration of employment of 
                supervisory child welfare workers and of nonsupervisory 
                child welfare workers.
                    ``(F) The total number and percentage of 
                supervisory child welfare workers and of nonsupervisory 
                child welfare workers who have received a bachelor's or 
                more advanced degree from an institution of higher 
                education, in the aggregate, and broken down by field 
                of study.
                    ``(G) The average number of staff for whom 
                supervisory child welfare workers are responsible.
                    ``(H) The range and scope of pre-service and in-
                service training opportunities, including numbers and 
                percentage of supervisory child welfare staff and of 
                nonsupervisory child welfare staff engaged in training 
                programs.
                    ``(I) The number and severity of injuries and 
                threats to child welfare workers, and the strategies 
                used to address the safety of child welfare workers.
                    ``(J) Data that indicates whether families and 
                children received support services (such as mental and 
                physical health care, food stamps, affordable housing, 
                and substance abuse prevention and treatment) needed to 
                create a stable home environment.
                    ``(K) Such other indicators as the Secretary may by 
                regulation prescribe.
            ``(4) Amendment of applications.--A State may at any time 
        submit to the Secretary an amendment to the application of the 
        State under this subsection. On approval of such an amendment, 
        the application shall be considered to include the amendment.
    ``(c) Grants.--
            ``(1) In general.--On certification by the Secretary that a 
        State application for a grant under this section meets the 
        requirements of subsection (b) and that implementing the 
        activities described in the application would help the State 
        achieve some of the outcomes set forth in the Final List of 
        Child Welfare Outcomes and Measures (64 Fed. Reg. 45552-45554), 
        and on approval by the Secretary of the application, the State 
        shall be eligible to receive a grant under this section for 
        each fiscal year for which funds are available for such a 
        grant.
            ``(2) Grant amount.--The Secretary shall make a grant to 
        each State that is eligible to receive a grant under this 
        section for a fiscal year, in an amount equal to the lesser 
        of--
                    ``(A) the amount finally allotted to or reserved 
                for the State under this subsection for the fiscal 
                year; or
                    ``(B) 3 times the amount that the State has 
                committed to spend to carry out the activities 
                described in the approved application.
            ``(3) Reservation of funds.--
                    ``(A) Puerto rico.--The Secretary shall reserve 
                1.75 percent of the funds appropriated pursuant to 
                subsection (j) for each fiscal year, for a grant to 
                Puerto Rico under this section for the fiscal year. If, 
                for a fiscal year, Puerto Rico does not submit to the 
                Secretary an application that meets the requirements of 
                subsection (b), the funds so reserved shall be 
                available for allotment under paragraph (4) of this 
                subsection for the succeeding fiscal year or (if the 
                succeeding fiscal year is fiscal year 2009) remitted to 
                the Treasury of the United States.
                    ``(B) Other territories.--The Secretary shall 
                reserve 0.3 percent of the funds appropriated pursuant 
                to subsection (j) for each fiscal year, for grants 
                among the United States Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of the Northern Mariana 
                Islands under this section in such amounts as the 
                Secretary deems appropriate for the fiscal year. If, 
                for a fiscal year, none of such territories submits to 
                the Secretary an application that meets the 
                requirements of subsection (b), the funds so reserved 
                shall be available for allotment under paragraph (4) of 
                this subsection for the succeeding fiscal year or (if 
                the succeeding fiscal year is fiscal year 2009) 
                remitted to the Treasury of the United States.
                    ``(C) Indian tribes.--The Secretary shall reserve 2 
                percent of the funds appropriated pursuant to 
                subsection (j) for each fiscal year, for grants among 
                Indian tribes under this section in such amounts as the 
                Secretary deems appropriate for the fiscal year. If, 
                for a fiscal year, the Secretary does not receive from 
                any Indian tribe an application that meets the 
                requirements of subsection (b), the funds so reserved 
                shall be available for allotment under paragraph (4) of 
                this subsection for the succeeding fiscal year or (if 
                the succeeding fiscal year is fiscal year 2009) 
                remitted to the Treasury of the United States.
                    ``(D) Technical assistance and evaluations.--The 
                Secretary shall reserve 0.7 percent of the funds 
                appropriated pursuant to subsection (j) for each fiscal 
                year, to pay the costs of providing technical 
                assistance and conducting evaluations under this 
                section.
            ``(4) Allotments.--
                    ``(A) Initial allotment.--From the amount available 
                to carry out this section for a fiscal year that 
                remains after applying paragraph (3) for the fiscal 
                year (including any amount available for allotment 
under this paragraph for the fiscal year after applying paragraph (3) 
for the preceding fiscal year), the Secretary shall initially allot to 
each State not described in paragraph (3) for a fiscal year an amount 
that bears the same ratio to the remaining amount as the number of 
individuals who reside in the State and have not attained 18 years of 
age bears to the total number of such individuals in all States not 
described in paragraph (3) that are eligible for a grant under this 
section for such most recent fiscal year.
                    ``(B) Final allotment.--The Secretary shall reduce 
                the amount initially allotted to each State with an 
                initial allotment under subparagraph (A) of more than 
                $300,000, on a pro rata basis, to the extent necessary 
                to ensure that the amount finally allotted to each such 
                State is not less than $300,000.
    ``(d) Use of Grant.--
            ``(1) In general.--
                    ``(A) A State to which a grant is made under this 
                section shall use the grant in accordance with the 
                approved application for the grant.
                    ``(B) Notwithstanding subparagraph (A), a State or 
                Indian tribe to which a grant is made under this 
                section shall provide grant funding to private and 
                public child welfare agencies on a proportionate basis, 
                based on the number of foster children, adopted 
                children, and children in kinship care arrangements 
                that such agencies serve in the State or in the service 
                delivery area of the tribe, as the case may be.
            ``(2) Availability of funds.--A State that receives funds 
        under this section shall remit to the Secretary any of such 
        funds that remain unexpended by the State at the end of the 2-
        year period that begins with the date of the receipt.
            ``(3) No supplantation.--A State to which a grant is made 
        under this section shall use the grant to supplement and not 
        supplant any Federal, State, or local funds used for child 
        welfare services or child welfare training.
    ``(e) Monitoring.--The Secretary shall monitor the activities of 
grantees under this section to ensure compliance with this section and 
any State plan of the grantee under subpart 1.
    ``(f) Technical Assistance.--The Secretary may provide technical 
assistance to any grantee to assist the grantee in improving the 
quality of child welfare services, including strategies to recruit, 
train, and retain high quality staff, and in complying with the 
provisions of law referred to in subsection (e).
    ``(g) Enforcement.--
            ``(1) In general.--If the Secretary determines that, during 
        a fiscal year, a grantee under this section has not complied 
        with a requirement of this Act, the Secretary may--
                    ``(A) in the case of the 1st such determination of 
                noncompliance, reduce by not less than 5 percent the 
                amount of the grant otherwise payable to the grantee 
                under this section for the fiscal year;
                    ``(B) in the case of the 2nd such determination of 
                noncompliance, reduce by not less than 25 percent the 
                amount of the grant otherwise payable to the grantee 
                under this section for the fiscal year; and
                    ``(C) in the case of the 3rd or any subsequent such 
                determination of noncompliance, withhold the payment of 
                a grant to the grantee under this section for any 
                succeeding fiscal year, notwithstanding subsection (c).
            ``(2) Recovery.--In the case of a determination under 
        paragraph (1) of grantee noncompliance, to the extent that a 
        penalty cannot be imposed under paragraph (1), the Secretary 
        shall require the grantee to remit to the Secretary the amount 
        of the penalty not able to be so imposed.
    ``(h) Evaluation.--
            ``(1) In general.--Not later than September 30, 2006, the 
        Secretary shall conduct an interim evaluation to determine 
        whether the grantees under this section have improved the 
        provision of child welfare services beyond the level reflected 
        in the baseline data set forth in the applications submitted by 
        the grantees under this section.
            ``(2) Matters to be addressed.--The evaluation shall 
        include information on whether there has been a statewide 
        improvement in the status of child permanency, child welfare, 
        and child safety of children in the child welfare system.
            ``(3) Methods.--In conducting the evaluation of a grantee, 
        the Secretary shall use the same methods that were used in 
        considering the application submitted by the grantee pursuant 
        to this section.
            ``(4) Final report.--Not later than September 30, 2008, the 
        Secretary shall submit to the Congress a written report that 
        contains the final evaluation of the Secretary.
    ``(i) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out this section, including regulations, 
developed in consultation with the States, governing how to obtain the 
baseline data described in subsection (b)(3).
    ``(j) Appropriation.--Out of any money in the Treasury of the 
United States not otherwise appropriated, there are appropriated to the 
Secretary not more than $100,000,000 for each of fiscal years 2004 
through 2008 to carry out this section.
    ``(k) Definitions.--In this section:
            ``(1) Alaska native organization.--The term `Alaska Native 
        Organization' means any organized group of Alaska Natives 
        eligible to operate a Federal program under the Indian Self-
        Determination Act (25 U.S.C. 450f et seq.) or the designee of 
        such a group.
            ``(2) Child welfare agency.--The term `child welfare 
        agency' means the State agency responsible for administering 
        subpart 1, and any public or private agency under contract with 
        the State agency to provide child welfare services.
            ``(3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, Nation or other organized group or 
        community of Indians, including any Alaska Native Organization, 
        that is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965.
            ``(5) State.--The term `State' means each of the 50 States, 
        the District of Columbia, Puerto Rico, Guam, the United States 
        Virgin Islands, American Samoa, and the Northern Mariana 
        Islands.''.

SEC. 3. INCREASE IN PAYMENT RATE FOR STATES FOR EXPENDITURES FOR SHORT 
              TERM TRAINING OF STAFF OF CERTAIN CHILD WELFARE AGENCIES 
              AND COURT PERSONNEL.

    Section 474(a)(3)(B) of the Social Security Act (42 U.S.C. 
674(a)(3)(B)) is amended to read as follows:
                    ``(B) 75 percent of so much of such expenditures 
                (including travel and per diem expenses) as are for the 
                short-term training of--
                            ``(i) current or prospective foster or 
                        adoptive parents and the members of the staff 
                        of State-licensed or State-approved child care 
                        institutions providing care, or of State-
                        licensed or State-approved child welfare 
                        agencies providing services, to foster and 
                        adopted children receiving assistance under 
                        this part,
                            ``(ii) members of the staff of abuse and 
                        neglect courts, agency attorneys, attorneys 
                        representing children, parents, or guardians ad 
                        litem, or other court-appointed special 
                        advocates representing children in proceedings 
                        of such courts,
                            ``(iii) persons employed by State, local, 
                        or private nonprofit child-serving agencies 
                        that are working with the State or local agency 
                        administering the State plan under this part to 
                        keep children safe and provide permanent 
                        families for children, and
                            ``(iv) persons employed by State, local, or 
                        private nonprofit child-serving agencies, in 
                        the provision of mental health services 
                        (including an overview of communication skills, 
                        of signs of normal and pathological development 
                        of children, of normal and pathological family 
                        interaction, of counseling strategies and 
                        interventions, and of community mental health 
                        resources including how and when to use such 
                        resources),
                in ways that increase the ability of such current or 
                prospective parents, guardians, staff members, 
                institutions, attorneys, advocates, and persons to 
                provide support and assistance to foster and adopted 
                children, whether incurred directly by the State or by 
                contract,''.

SEC. 4. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.

    Part B of title IV of the Higher Education Act of 1965 is amended 
by inserting after section 428K (20 U.S.C. 1078-11) the following new 
section:

``SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.

    ``(a) Purpose.--It is the purpose of this section--
            ``(1) to bring more highly trained individuals into the 
        child welfare profession; and
            ``(2) to keep more highly trained child welfare workers in 
        the child welfare field for longer periods of time.
    ``(b) Definitions.--In this section:
            ``(1) Child welfare services.--The term `child welfare 
        services' has the meaning given the term in section 425 of the 
        Social Security Act.
            ``(2) Degree.--The term `degree' means a bachelor's or 
        graduate degree awarded by an institution of higher education.
    ``(c) Demonstration Program.--
            ``(1) In general.--The Secretary may carry out a 
        demonstration program of assuming the obligation to repay, 
        pursuant to subsection (d), a loan made, insured, or guaranteed 
        under this part or part D (excluding loans made under sections 
        428B and 428C or comparable loans made under part D) for any 
        new borrower after the date of enactment of this section, who--
                    ``(A) completes a degree in social work or related 
                field with a focus on serving children and families (as 
                determined in accordance with regulations prescribed by 
                the Secretary);
                    ``(B) obtains employment in public or private child 
                welfare services; and
                    ``(C) has worked full time for the 2 consecutive 
                years preceding the year for which the determination is 
                made as a child welfare worker.
            ``(2) Award basis; priority.--
                    ``(A) Award basis.--Subject to subparagraph (B), 
                loan repayment under this section shall be on a first-
                come, first-served basis and subject to the 
                availability of appropriations.
                    ``(B) Priority.--The Secretary shall give priority 
                in providing loan repayment under this section for a 
                fiscal year to student borrowers who received loan 
                repayment under this section for the preceding fiscal 
                year.
            ``(3) Regulations.--The Secretary is authorized to 
        prescribe such regulations as may be necessary to carry out the 
        provisions of this section.
    ``(d) Loan Repayment.--
            ``(1) In general.--The Secretary shall assume the 
        obligation to repay--
                    ``(A) after the second consecutive year of 
                employment described in subparagraphs (B) and (C) of 
                subsection (c)(1), 20 percent of the total amount of 
                all loans made after date of enactment of the Higher 
                Education Amendments of 1998, to a student under this 
                part or part D;
                    ``(B) after the third consecutive year of such 
                employment, 20 percent of the total amount of all such 
                loans; and
                    ``(C) after each of the fourth and fifth 
                consecutive years of such employment, 30 percent of the 
                total amount of all such loans.
            ``(2) Construction.--Nothing in this section shall be 
        construed to authorize the refunding of any repayment of a loan 
        made under this part or part D.
            ``(3) Interest.--If a portion of a loan is repaid by the 
        Secretary under this section for any year, the proportionate 
        amount of interest on such loan which accrues for such year 
        shall be repaid by the Secretary.
            ``(4) Special rule.--In the case where a student borrower 
        who is not participating in loan repayment pursuant to this 
        section returns to an institution of higher education after 
        graduation from an institution of higher education for the 
        purpose of obtaining a degree described in subsection 
        (c)(1)(A), the Secretary is authorized to assume the obligation 
        to repay the total amount of loans made under this part or part 
        D incurred for a maximum of two academic years in returning to 
        an institution of higher education for the purpose of obtaining 
        such a degree. Such loans shall only be repaid for borrowers 
        who qualify for loan repayment pursuant to the provisions of 
        this section, and shall be repaid in accordance with the 
        provisions of paragraph (1).
            ``(5) Ineligibility of national service award recipients.--
        No student borrower may, for the same service, receive a 
        benefit under both this section and subtitle D of title I of 
        the National and Community Service Act of 1990 (42 U.S.C. 12601 
        et seq.).
    ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to 
each eligible lender or holder for each fiscal year an amount equal to 
the aggregate amount of loans which are subject to repayment pursuant 
to this section for such year.
    ``(f) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan 
        repayment under this section shall submit a complete and 
        accurate application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Conditions.--An eligible individual may apply for 
        loan repayment under this section after completing each year of 
        qualifying employment. The borrower shall receive forbearance 
        while engaged in qualifying employment unless the borrower is 
        in deferment while so engaged.
    ``(g) Evaluation.--
            ``(1) In general.--The Secretary shall conduct, by grant or 
        contract, an independent national evaluation of the impact of 
        the demonstration program assisted under this section on the 
        field of child welfare services.
            ``(2) Competitive basis.--The grant or contract described 
        in subsection (b) shall be awarded on a competitive basis.
            ``(3) Contents.--The evaluation described in this 
        subsection shall determine--
                    ``(A) whether the program has increased child 
                welfare workers' education in the areas covered by loan 
                forgiveness;
                    ``(B) whether the loan forgiveness program has 
                contributed to increased time on the job for child 
                welfare workers as measured by (i) the length of time 
                child welfare workers receiving loan forgiveness have 
                worked in the child welfare field; and (ii) the length 
                of time such workers are continuing to work in such 
                field after they have met the requirements of the loan 
                forgiveness programs;
                    ``(C) whether the program has increased the 
                experience and the quality of child welfare workers and 
                has contributed to increased performance in the 
                outcomes of child welfare services in terms of child 
                well-being, permanency, and safety, as determined after 
                consultation with the Secretary of Health and Human 
                Services.
            ``(4) Interim and final evaluation reports.--The Secretary 
        shall prepare and submit to the President and the Congress such 
        interim reports regarding the evaluation described in this 
        subsection as the Secretary deems appropriate, and shall 
        prepare and so submit a final report regarding the evaluation 
        by September 30, 2008.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2004, and such sums as may be necessary for each of the 4 succeeding 
fiscal years.''.
                                 <all>